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1 Acta Iuris Stetinensis

1 2011

1 Ollero A.

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Czy prawa człowieka mają charakter normatywny?

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Ollero A.

Acta Iuris Stetinensis

2011

nr 2

5 - 27

The paper points to the validity of the question indicated in its title and concerning the nature of human rights. The issue presented in the paper tries to answer the question concerning the normativity of these rights. For this purpose, the paper raises a number of fundamental problems, such as constantly controversial relationship between law and morality, formulation in a controversial way of rules and standards so-called positive law and the alleged hard choice between the parallel situated – the legal system and the natural law. In addition, also an important topic of coexistence of different anthropological concepts as different points of view on valuation and understanding of the law is emphasized. For this purpose author describes the transition from an individualistic anthropology through collectivism, to anthropology involving the legal regulation of social relations, which is related to the consecutive generations of human rights. Subsequently, the subject of consideration is the legal order. Namely, the author wonders whether it can be considered as composed only of norms or it includes also the rules, the same, or, more normative and significant than the norms. Author also leans over the controversial problem indicating that the empowerment of liberty and equality, which may serve as the basis of rights is in the law of nature, as well as over the lack of existence of unlimited rights, so that he eventually comes to the conclusion that, although there are no right before law, there are laws that overtake the state.